offender debt and financial information. (1) The department may require each offender, while in the custody of the department or while on probation or parole, to place funds received or earned by the offender from any source into: (a) an account administered by the department; or (b) a joint account with the department at a federally insured financial institution. (2) The department may require each offender to maintain a minimum balance in an account under Subsection (1) for the particular offender's use upon: (a) discharge from the custody of the department; or (b) completion of parole or probation. (3) If the funds are placed in a joint account at a federally insured financial institution: (a) any interest accrues to the benefit of the offender account; and (b) the department may require that the signatures of both the offender and a departmental representative be submitted to the financial institution to withdraw funds from the account. (4) If the funds are placed in an account administered by the department, the department may by rule designate: (a) a certain portion of the offender's funds as interest-bearing savings; and (b) a portion of the offender's funds as noninterest-bearing to be used for day-to-day expenses. (5) (a) The department may withhold part of the offender's funds in an account under Subsection (1) for expenses of: (i) supervision or treatment; (ii) restitution, victim compensation, fines, alimony, support payments, or similar court-ordered payments; (iii) obtaining the offender's DNA specimen, if the offender is required under Section 53-10-404 to provide a specimen; (iv) department-ordered repayment of a fine that is incurred under Section 64-13-33; and (v) other debt to the state. (b) The department shall provide or make available an account statement at least every two weeks to each inmate who has an account under Subsection (1) that contains: (i) a list of the inmate's known existing debts, including debts related to the inmate's restitution, court costs, fines, tax obligations, alimony, child support, other court-ordered payments, and similar debts; (ii) information regarding incentives for paying certain debts while incarcerated; and (iii) information on how the inmate can access information concerning: (A) the debts listed in Subsection (5)(b)(i); and (B) educational resources on financial literacy and money management. (c) The department may provide an account statement to a former inmate through the former inmate's parole officer through the Division of Adult Probation and Parole upon request. (6) (a) An offender may not be granted free process in civil actions, including petitions for a writ of habeas corpus, if, at any time from the date the cause of action arose through the date the cause of action remains pending, there are any funds in an account under Subsection (1) that have not been withheld or are not subject to withholding under Subsection (4) or (5). (b) The amount assessed for the filing fee, service of process and other fees and costs shall not exceed the total amount of funds the offender has in excess of the indigence threshold established by the department but not less than $25 including the withholdings under Subsection (4) or (5) during the identified period of time. (c) The amounts assessed shall not exceed the regular fees and costs provided by law. (7) The department may disclose information on offender accounts to the Office of Recovery Services and other appropriate state agencies. (8) The department shall publish a notice on the department's website, and any website used by an individual depositing funds into an offender's account, that the individual may request from the department a copy of a statement of the offender's financial account in accordance with Title 63G, Chapter 2, Government Records Access and Management Act. (9) (a) (i) Beginning on January 1, 2027, within 15 days after an inmate has been incarcerated in a state prison for 90 consecutive days, the department shall notify the Office of State Debt Collection, the State Tax Commission, and the Office of Recovery Services about the inmate's incarceration, including: (A) the relevant dates of the inmate's incarceration and identifying information concerning the inmate's identity; and (B) whether the inmate's incarceration is based on criminal non-payment of a child support order or an offense against the child or custodial parent. (ii) Beginning on January 1, 2027, within 15 days after the day on which an inmate is released from incarceration, the department shall notify the entities listed in Subsection (9)(a)(i) of the inmate's release date. (b) The requirement described in Subsection (9)(a)(i) does not apply if a court, county jail, or other entity previously has notified the agencies listed in Subsection (9)(a)(i) about the inmate's incarceration. (10) (a) The department shall, on a periodic basis, offer educational resources to one or more individuals designated by an inmate concerning financial incentives for repaying certain debts during an inmate's incarceration. (b) The department may, if the department has received an inmate's consent, provide one or more individuals designated by an inmate with information concerning the inmate's current financial account balance and existing known debts, in addition to the information provided under Subsection (10)(a).
‹ Prev All Utah sections Next ›
Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.